ACCEPTED
01-15-00640-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/7/2015 12:41:57 AM
CHRISTOPHER PRINE
CLERK
Cause No. 01-15-00640-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
10/7/2015 12:41:57 AM
AT HOUSTON
CHRISTOPHER A. PRINE
Clerk
GREYSTONE MULTI-FAMILY BUILDERS, INC.,
Appellant,
V.
TES ELECTRIC LP,
Appellee.
APPELLANT GREYSTONE MULTI-FAMILY BUILDERS, INC.’S
MOTION FOR LEAVE TO FILE BRIEF
RICHARD B. PHILLIPS, JR. J. MICHAEL BELL
State Bar No. 24032833 State Bar No. 02079200
THOMPSON & KNIGHT LLP MEGAN H. SCHMID
One Arts Plaza State Bar No. 24074383
1722 Routh Street THOMPSON & KNIGHT LLP
Suite 1500 333 Clay Street
Dallas, Texas 75201 Suite 3300
Phone: 214-969-1700 Houston, Texas 77002
Fax: 214-969-1751 Phone: 713-654-8111
rich.phillips@tklaw.com Fax: 713-654-1871
michael.bell@tklaw.com
megan.schmid@tklaw.com
COUNSEL FOR APPELLANT
GREYSTONE MULTI-FAMILY BUILDERS, INC.
APPELLANT’S MOTION FOR LEAVE TO FILE BRIEF — PAGE 1
TO THE HONORABLE COURT OF APPEALS:
1. Pursuant to Rules 2, 10.5(b), and 38.6(d), Appellant Greystone
Multi-Family Builders, Inc. respectfully requests that the Court grant
leave to file its opening brief 18 minutes late.
2. Greystone’s brief was due on October 6, 2015.
3. When counsel for Greystone attempted to upload the brief
(with appendices) through efile.txcourts.gov on October 6, the
upload failed even though the file was smaller than the maximum file
size. Counsel for Greystone made repeated attempts to upload the
brief before midnight, but was unsuccessful. On several attempts, the
e-filing system did not even attempt to upload the brief and returned
an error saying that the file could not be larger than “0 MB.” Counsel
for Greystone attempted to contact the helpdesk for
efile.txcourts.gov, but was unable to do so.
4. Counsel for Greystone then reduced the file size by deleting
some of the pages from the appendix. Just after midnight on October
7, the efile.txcourts.gov system finally accepted the uploaded file and
the brief was filed at 12:18 am on October 7.
APPELLANT’S MOTION FOR LEAVE TO FILE BRIEF — PAGE 1
5. Greystone requests that the Court grant leave to file its brief
because of the technical difficulties that Greystone’s counsel
encountered when trying to upload the brief. Moreover, the fact that
the brief was filed 18 minutes after midnight means that the late
filing will not cause any undue delay for the court or any harm to
Appellee TES Electric LP.
6. Counsel for Greystone has not been able to confer with
counsel for appellee at the time of this filing, but will attempt to do so
at the beginning of business hours on October 7. Greystone will file
an amended certificate of service after its counsel has conferred with
counsel for TES.
WHEREFORE, Greystone respectfully requests that the Court direct
the clerk to accept and file Greystone’s opening brief even though it
was filed 18 minutes late. Greystone further requests general relief.
APPELLANT’S MOTION FOR LEAVE TO FILE BRIEF — PAGE 2
Respectfully submitted,
THOMPSON & KNIGHT LLP
BY: /S/ Richard B. Phillips, Jr.
Richard B. Phillips, Jr.
State Bar No. 24032833
rich.phillips@tklaw.com
One Arts Plaza
1722 Routh Street, Suite 1500
Dallas, Texas 75201
Phone: (214) 969-1700
Fax: (214) 969-1751
J. Michael Bell
State Bar No. 02079200
michael.bell@tklaw.com
Megan H. Schmid
State Bar No. 24074383
megan.schmid@tklaw.com
333 Clay Street, Suite 3300
Houston, Texas 77002
Phone: 713-654-8111
Fax: 713-654-1871
COUNSEL FOR APPELLANT
GREYSTONE MULTI-FAMILY
BUILDERS, INC.
APPELLANT’S MOTION FOR LEAVE TO FILE BRIEF — PAGE 3
CERTIFICATE OF CONFERENCE
I have not been able to confer with counsel for Appellee TES
Electric LP because of the circumstances surrounding the filing of this
motion (as discussed above). As soon as I am able to confer with
counsel for TES, I will file an updated certificate of conference.
/s/ Richard B. Phillips, Jr.
Richard B. Phillips, Jr.
CERTIFICATE OF SERVICE
On this 7th day of October, 2015, a true and correct copy of the
foregoing motion for leave to file brief has been served on the
following counsel for Appellee by electronic service:
Ashish Mahendru
Darren A. Braun
Mahendru, P.C.
639 Heights Boulevard
Houston, Texas 77007
/s/ Richard B. Phillips, Jr.
Richard B. Phillips, Jr.
APPELLANT’S MOTION FOR LEAVE TO FILE BRIEF — PAGE 4